Credit Card Lawsuit

[snowediii]

I have an $11,000 debt is Discover card and have just received a summons to respond in court.

Some background info, I accumulated about $30,000 in credit card debt due to a gambling problem and being unemployed for 8 months. I settled with 3 out 4 credit card companies for 30% of the value and was able to avoid a lawsuit. Discover card is the only one that did not want to settle for that amount. As a fairness to the other settlements, I insisted on this percentage.

What are my legal crutches here? Can I insist that the court does not have jurisdiction as the company is in Delaware as the contract states that Deleware law shall prevail?

I need to sent this out response by Saturday, as the 28 day response period ends then due to the summons issued via mail.

Thank you.

[Mr. Knowitall]

Discover doesn't have to care if you are "fair" to the other credit card companies. (And, really... you're not concerned about fairness, are you?)

The court will have jurisdiction over the debt. From what you say it may decide the case under Delaware law, but that doesn't affect the fact of the debt.

[snowediii]

Mr. Know it all:

What do the Michigan judges know about Delaware law? Also, which court has jurisdiction here?

[Mr. Knowitall]

No matter what, Michigan will apply its own procedural rules and laws to a suit. Beyond that, assuming you are correct that Delaware law governs, the court will typically rely upon the parties to brief it on Delaware law, and will otherwise normally treat the case as if Delaware's laws are the same as Michigan's. The credit card company can sue you in Michigan.